How can I revoke a voluntary wage assignment for a payday loan?

UPDATED: Aug 18, 2011

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How can I revoke a voluntary wage assignment for a payday loan?

I took out a payday loan 9 months ago. I was unable to pay the loan back and it was stupid to take it out to begin with. Anyway, today my HR person gave me paperwork they received that was a wage assignment from the lender. It is all electronic and my “signature” is not listed as my legal name. I can’t have this all out of my check. What can I do?

Asked on August 18, 2011 Missouri


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you entered into a voluntary wage assignment with one of your creditors for a loan to be paid out of your paycheck at work, you need to carefully read its terms that you presumably signed in that the terms control what you can and cannot do as far as terminating the voluntary wage assignment.

If the wage assignment from the lender given to your human resources person does not have your actual signature upon the document (photocopy of an original) then it would seem that the electronic signture is not a signature by you and the document is not enforceable as written.

You need to advise human resources that if the above is true, then the document was not agreed to by you and the amount of the pay sought to be debited from your pay check is not authorized. Do this in writing. You should also contact the company sending the electronic signature of yourself stating that such was never authorized by you and state such in writing keeping a copy for future use.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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